Man handed 75-year jail term by Nakuru court for infecting daughter with HIV

David Waweru Chege, 44, at the Nakuru Children's Court Thursday. The father of four was sentenced to 75 years in jail for indecent act and deliberate transmission of HIV to her 12-year-old daughter. [Photo: Joseph Kipsang/Standard]

Nakuru, Kenya: A 44-year-old father of four, who is HIV positive, has been sentenced to 75 years in jail by a Nakuru Children's Court after he was found guilty of indecently touching his 12-year-old daughter and deliberately infecting her with HIV.

David Chege Waweru was condemned by Senior Resident Magistrate Judicaster Nthuku to 25 years for indecent act and 50 years for deliberately infecting his daughter with HIV.

The minor, who was in Standard Five, in her evidence told the court that her father accosted her on January 12, 2013 while she was sleeping with her three sibling at their home in Njoro, Nakuru County.

She testified that Waweru had arrived home drunk on that night of January 12. She added that her father told her to move to another room where he committed the beastly act and even warned her not to scream.

However, the minor told the court the following day, she informed her grandmother about the incident, who reported the matter to Mau Narok Police station.

The minor's mother, who was away in Narok at the time of the incident, took her to hospital on January 13, 2013 for treatment and reported the matter police, who apprehended Waweru.

Waweru was charged in court for incest, indecent act with a child and deliberate transmission of HIV where he denied the charges before the Nakuru Children's court.

A clinical officer, who testified in the case, told the court that the minor's private parts had bruises, though the hymen was intact on examination. The officer also told the court that the accused tested HIV positive.

In her ruling, Nthuku noted that the P3 form produced in court showed that there was sexual activity but there was no evidence of penetration since the minor's hymen was found intact.

She therefore ruled that the charge of incest had not been proved by the prosecution.

She, however, held that the alternative charge of indecent act had been proven beyond reasonable doubt by the prosecution.

The court also noted when the accused committed the beastly act on her daughter yet he knew he was HIV positive and even admitted to doctor during examination.

Nthuku held that the charge of deliberate transmission of HIV had been proved by the prosecution.

She noted that though there was no prove in court that the minor was infected with the virus during the act by the accused, he had predisposed the minor to an HIV infection.

Nthuku noted that the act by the accused on the minor has changed the life of the minor and added that she might never trust anyone even in her adulthood.

The prosecution asked the court to hand the accused deterrent sentence to set an example as cases of defilement continue to escalate.

Waweru stood pensively as the court meted the stern sentence for his action termed by magistrate as ethically, morally and legally wrong.

She noted that the sentence meted by the court will serve as an example to the society.